Judgments
UNION OF INDIA & ORS. VERSUS MANJU ARORA & ANR.
SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA VERSUS M/S. SIBCO INVESTMENT PVT. LTD.
State of Andhra Pradesh & Ors. Versus S. Pitchi Reddy
Maharashtra State Road Transport Corporation Versus Dilip Uttam Jayabhay
Kerala State Beverages Manufacturing & Marketing Corporation Ltd. v. The Assistant Commissioner of Income Tax Circle 1(1)
I-Pay Clearing Services Private Limited vs. ICICI Bank Limited
Nilima Kumari Vs. The State Of Bihar
Saddam @ Saddu vs. State of MP
Law laid down - 1. There is a clear distinction between theft and robbery, as theft is robbery when there is an element of physical injury or an attempt to cause physical injury or of fear of causing the same. It is also apparent that in the case of robbery, not only the person who voluntarily causes a wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint, is liable to be prosecuted under Section Full Judgment
Gangaram S/o Shri Kanha Ji Versus Commissioner, Indore Division & another
Law laid down - 1. This Court has no hesitation to hold that this Court would have jurisdiction to decide this dispute between the parties and to look into legality and proprietary of the order passed by the District Magistrate, Burhanpur falling within the territorial jurisdiction of Principal Seat at Jabalpur which has been affirmed in appeal by the Commissioner, Indore Division within the jurisdiction of Indore bench of this court. ( Para 8) 2. In case of externment order, it is Full Judgment
Balmukund S/o Ramdevsingh Gautam vs. The District Magistrate & others
Law laid down - 1. M. P. Rajya Suraksha Adhiniyam, 1990- S.8. District Magistrate is not obliged to furnish the copies of all the cases registered against the petitioner and merely mentioning of the crime numbers along with the offences under which those cases have been registered would suffice for the purpose of proceedings under the Adhiniyam. It is for the petitioner to demonstrate that either those cases on which the respondents have relied upon have not been registered against him Full Judgment
Jabalpur Treasure Island Pvt. Ltd. & others v. State of Madhya Pradesh & others
Law laid down - 1. A harmonious reading of sub-section (2), (3) and (4) of S.18 of MSMED Act, 2006 clearly reveals that even if the Facilitation council has acted as a Conciliator, it can still act as an Arbitrator as provided u/s.18(4) of MSMED Act, 2006. 2. Once a notice is served on a party under s.18 of the MSME Act, it would hold good for Conciliation proceedings as also the Arbitration proceedings to be taken up by the Facilitation Council, Full Judgment
Suneel Prakash Sharma & Others Vs. Vivek Kumar Ruthiya & Another
Law laid down - Held: The power under Order XXVI Rule 9 of CPC for appointment of Commissioner can also be exercised in order to ascertain the correct factual position, if the same is not ascertainable on the basis of the oral and documentary evidence. Full Judgment
Manoj Parmar vs. Union of India and others
Law laid down - Held: 1. Section 407 of Cr.P.C. is an assurance of fair trial. 2. A litigant cannot choose a Bench of his choice. It is only an exceptional circumstances, where the existence of “bias” or “likelihood of bias” when apparent on the facts and circumstances of the case, the High Court can invoke its discretionary power under Section 407 of Cr.P.C. In the absence of an allegation of “pre-existing bias”, the power of transfer of a case should normally Full Judgment
Smt. Pushpa Sen vs. Manoj Sen
Law laid down - Held : Appellant-wife filed a petition under Section 9 of the Hindu Marriage Act,1955 for restitution of conjugal rights after filing three different proceedings against the respondent-husband and his relatives. It cannot be said that the respondent-husband has withdrawn the company of appellant-wife without any reasonable excuse and, hence, no decree under section 9 of the Act can be granted. Full Judgment